Charles Githinji Murage v Munjuru Murage & another [2015] KEELRC 313 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 313
- Citation
- [2015] KEELRC 313 (KLR)
- Decided
- 21 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureApplication to dismiss suit for want of prosecution or want of service of summonsCoramMUNYAO SILA
Holding
The application to dismiss the suit for want of prosecution under Order 17 has no merit. The application to dismiss the suit for want of service of summons has no merit.
Facts
The plaintiff filed an Originating Summons seeking a declaration that he has acquired the land parcel Kinamba Mithiga Block 2/127 by adverse possession. The suit was filed on 11 December 2013. The 2nd defendant applied to dismiss the suit for want of service of summons.
Issues
- Whether the application to dismiss the suit for want of prosecution under Order 17 has merit.
- Whether the application to dismiss the suit for want of service of summons has merit.
Reasoning
The application was denied on 2 July 2014, and one year had not lapsed between the matter being last in court and the application being filed. The suit cannot be dismissed for want of service of summons as it has not been served for more than two years.
Outcome
Application dismissed with costs
Authorities cited
Legislation (3)
- Civil Procedure Rules, 2010
- Order 17, Rule 2
- Order 5, Rule 2
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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